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MATTER OF STATE OF NEW YORK v. CELLI

40 N.Y.2d 833 (1976)

In the Matter of the State of New York, Appellant, v. Andrew G. Celli, as Judge of the Monroe County Court, et al., Respondents. (Proceeding No. 1.) In the Matter of the Monroe County Division of Pure Waters, Appellant, v. Andrew G. Celli, as Judge of the Monroe County Court, et al., Respondents. (Proceeding No. 2.)

Court of Appeals of the State of New York.

Decided September 14, 1976.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Thomas Mead Santoro and Ruth Kessler Toch of counsel), for State of New York, appellant.

William J. Stevens, County Attorney (Norman A. Palmiere and Dominic Pellegrino of counsel), for Monroe County Division of Pure Waters, appellant.

Lawrence T. Kurlander, District Attorney (Michael Nelson of counsel), respondent pro se.

David A. Johns for Andrew G. Celli, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

Judgments dismissing the petitions affirmed, without costs. Apart from any other consideration which these appeals may suggest, the matters which gave rise to them have become moot, in substance, albeit not in form. On argument it was conceded, what was implicit anyway in the briefing, that the pending prosecutions would never be progressed. Moreover, the only reason assigned for not making motions to dismiss...

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